NMP2 - Planning Position Statement
This Planning Position Statement (PPS) is the culmination of our work to date on the development of Scotland’s National Marine Plan 2 (NMP2) and consolidates stakeholder feedback, setting out the latest development of high-level objectives and policy ideas for NMP2.
Annex C
NMP2 Alignment With Wider Scottish And UK Strategies
Marine planning takes place in the context of the following commitments and obligations set out in wider legislation and strategies and can support their delivery. Please note this list is illustrative, not exhaustive.
Legislation / Strategy / Policy |
Example Provisions / Outcomes / Commitments of relevance to marine planning |
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Blue Economy Vision for Scotland to 2045 (2022) |
Outcome EN2 – Scotland’s blue economy is resilient to climate change, contributing to mitigation and adaptation, with marine sectors decarbonised, resource efficient and supporting Scotland’s Net Zero and Nature Positive commitments. Outcome EC1 – Established and emerging marine sectors are innovative, entrepreneurial, productive and internationally competitive. Outcome EC2 – Scotland is a global leader in healthy, quality, sustainably harvested and farmed Blue Foods, for our own population and beyond. |
British Energy Security Strategy (2022) |
Net zero compatible oil and gas sector, supplying the UK economy by 2050. Reducing the emissions of our offshore oil and gas further, by driving rapid industry investment in electrifying offshore production, to ensure our gas remains the low carbon choice. |
Climate Change Act 2008 |
13(1) The Secretary of State must prepare such proposals and policies as the Secretary of State considers will enable the carbon budgets that have been set under this Act to be met. 13(2) The proposals and policies must be prepared with a view to meeting— a. the target in section 1 (the target for 2050), and b. any target set under section 5(1)(c) (power to set targets for later years). 13(3) The proposals and policies, taken as a whole, must be such as to contribute to sustainable development. 13(4) In preparing the proposals and policies, the Secretary of State may take into account the proposals and policies the Secretary of State considers may be prepared by other national authorities. 15(1) In exercising functions under this Part involving consideration of how to meet— a. the target in section 1(1) (the target for 2050), or b. the carbon budget for any period, the Secretary of State must have regard to the need for UK domestic action on climate change. 15(2) “UK domestic action on climate change” means reductions in UK emissions of targeted greenhouse gases or increases in UK removals of such gases (or both). 30(1) Emissions of greenhouse gases from international aviation or international shipping do not count as emissions from sources in the United Kingdom for the purposes of this Part, except as provided by regulations made by the Secretary of State. |
Climate Change (Scotland) Act 2009, as amended by the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 |
A1(1) The Scottish Ministers must ensure that the net Scottish emissions account for the net zero emissions target year is at least 100% lower than the baseline (the target is known as the “net-zero emissions target”). A1(2)The “net zero emissions target year” is 2045. 2(1) The Scottish Ministers must ensure that the net Scottish emissions account for the year— (a) 2020 is at least 56% lower than the baseline, (b) 2030 is at least 75% lower than the baseline, and (c) 2040 is at least 90% lower than the baseline. 15 Attribution of emissions to Scotland For the purposes of section 17(1), emissions of a greenhouse gas are attributable to Scotland if— (a) they are emitted from sources in Scotland; (b) they are attributed to Scotland by virtue of an order under section 16(1). 16(1) The Scottish Ministers may, by order, make provision regarding the emissions of greenhouse gases from international aviation and international shipping that are attributable to Scotland. 16(2) An order under subsection (1)— (a) must make provision for emissions from international aviation and international shipping of— (i) in the case of the first order under that subsection, each greenhouse gas; and (ii) in the case of any subsequent order under subsection (1), any gas added to the list of greenhouse gases in section 10(1) since the last such order was made, to be taken into account as Scottish emissions of each such gas in the period starting with the 1 January following the order being approved by the Scottish Parliament and ending on 31 December 2050. |
Climate Change Action Plan Update 2018 - 2030 (2020) |
Commitment to a Just Transition. Commitment to deploy nature-based solutions at scale and in a sustainable and managed way. Commitment to maintaining or exceeding EU environmental standards after we leave the EU. Electricity Outcome 1: The electricity system will be powered by a high penetration of renewables, aided by a range of flexible and responsive technologies. Electricity Outcome 3: Scotland secures maximum economic benefit from the continued investment and growth in electricity generation capacity and support for the new and innovative technologies which will deliver our decarbonisation goals. Transport Outcome 6: Proportion of ferries in Scottish Government ownership which are low emission has increased to 30% by 2032. Transport Outcome 7: By 2032 low emission solutions have been widely adopted at Scottish ports. Industry Outcome 1: Scotland’s Industrial sector will be on a managed pathway to decarbonisation, whilst remaining highly competitive and on a sustainable growth trajectory. Industry Outcome 2: Technologies critical to further industrial emissions reduction (such as carbon capture and storage and production and injection of hydrogen into the gas grid) are operating at commercial scale by 2030. Negative Emissions Technologies Outcome 2: CCUS – the continued development of CCUS technologies and systems is prioritised to ensure these can be rolled out commercially and at scale by the late 2020s. |
Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014: Establishing a Framework for Maritime Spatial Planning |
Article 1(1) This Directive establishes a framework for maritime spatial planning aimed at promoting the sustainable growth of maritime economies, the sustainable development of marine areas and the sustainable use of marine resources. Article 2(1) This Directive shall apply to marine waters of Member States, without prejudice to other Union legislation. It shall not apply to coastal waters or parts thereof falling under a Member State’s town and country planning, provided that this is communicated in its maritime spatial plans. Article 4(1) Each Member State shall establish and implement maritime spatial planning. Article 4(2) In doing so, Member States shall take into account land-sea interactions. Article 4(3) The resulting plan or plans shall be developed and produced in accordance with the institutional and governance levels determined by Member States. This Directive shall not interfere with Member States’ competence to design and determine the format and content of that plan or those plans. Article 4(5) When establishing maritime spatial planning, Member States shall have due regard to the particularities of the marine regions, relevant existing and future activities and uses and their impacts on the environment, as well as to natural resources, and shall also take into account land-sea interactions. Article 5(1) When establishing and implementing maritime spatial planning, Member States shall consider economic, social and environmental aspects to support sustainable development and growth in the maritime sector, applying an ecosystembased approach, and to promote the co-existence of relevant activities and uses. Article 5(2) Through their maritime spatial plans, Member States shall aim to contribute to the sustainable development of energy sectors at sea, of maritime transport, and of the fisheries and aquaculture sectors, and to the preservation, protection and improvement of the environment, including resilience to climate change impacts. In addition, Member States may pursue other objectives such as the promotion of sustainable tourism and the sustainable extraction of raw materials. |
Article 5(3) This Directive is without prejudice to the competence of Member States to determine how the different objectives are reflected and weighted in their maritime spatial plan or plans. Article 6(1) Member States shall establish procedural steps to contribute to the objectives listed in Article 5, taking into account relevant activities and uses in marine waters. Article 6(2) In doing so, Member States shall: (a) take into account land-sea interactions; (b) take into account environmental, economic and social aspects, as well as safety aspects; (c) aim to promote coherence between maritime spatial planning and the resulting plan or plans and other processes, such as integrated coastal management or equivalent formal or informal practices; (d) ensure the involvement of stakeholders in accordance with Article 9; (e) organise the use of the best available data in accordance with Article 10; (f) ensure trans-boundary cooperation between Member States in accordance with Article 11; (g) promote cooperation with third countries in accordance with Article 12. Article 8(1) When establishing and implementing maritime spatial planning, Member States shall set up maritime spatial plans which identify the spatial and temporal distribution of relevant existing and future activities and uses in their marine waters, in order to contribute to the objectives set out in Article 5. Article 9(1) Member States shall establish means of public participation by informing all interested parties and by consulting the relevant stakeholders and authorities, and the public concerned, at an early stage in the development of maritime spatial plans, in accordance with relevant provisions established in Union legislation. Article 10(1) Member States shall organise the use of the best available data, and decide how to organise the sharing of information, necessary for maritime spatial plans. |
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Draft Energy Strategy and Just Transition Plan (ESJTP) (2023) |
The renewable energy sector is a valuable and growing part of Scotland’s wider economy in terms of gross value added (GVA), trade, supply chains, investment and prosperous businesses. Fossil fuel companies’ operations in Scotland have successfully diversified and transitioned to compete and grow the net zero economy. The net zero energy economy is innovative and competitive in domestic and international markets, and has capitalised on the opportunities of growing and creating markets to develop intellectual property, supply chains, and exports. Communities have been supported to maximise their energy production potential, which will vary by geography, including increasing the number of community-owned energy assets, supporting their energy security and energy affordability. Communities have been empowered to shape their energy use, the infrastructure they host and to maximise the benefit they receive from that. Local content, local job creation and wider community benefit has been increased in major energy infrastructure projects, such as Scotwind and the development of larger wind and hydrogen projects. Recognising that the energy transition will not impact all communities equally, particular support and provision, such as the North East and Moray Just Transition Fund and the Energy Transition Fund, has supported the transition of those regions and communities most at risk. People and places have access to the energy needed for transport regardless of location and socioeconomic background. Power assets and the power system have reduced vulnerability to the impacts of climate change, including storminess, higher temperatures and flooding, and the most vulnerable people are identified and supported during and after instances of power failure to ensure a reliable and affordable power supply for all in a net zero economy. The energy transition supports Scotland’s ambitions for restoring nature and biodiversity – including by carefully managing and avoiding potential negative impacts in Scotland and overseas – as part of our joined-up approach to tackling the climate and nature crises. |
Environment Strategy for Scotland (2020) |
Our healthy environment supports a fairer, healthier, more inclusive society. Our thriving sustainable economy conserves and grows our natural assets. We play our full role in tackling the global climate emergency and limiting temperature rise to 1.5oC. Scotland’s nature is protected and restored with flourishing biodiversity and clean and healthy air, water, seas and soils. |
Flood Risk Management (Scotland) Act 2009 |
9(1) SEPA must prepare a flood risk assessment for each flood risk management district providing an assessment of any flood risk for the district. 9(4) A flood risk assessment must include— (a) maps at the appropriate scale of the flood risk management district which show— (i) borders of any river basin, sub-basin and coastal area in the district, (ii) topography and land use, and (iii) such other information as the Scottish Ministers may specify by regulations. 3(1) SEPA must prepare and submit to the Scottish Ministers a document identifying for each flood risk management district any area in the district for which it considers that significant flood risk— (a) exists, or (b) is likely to occur. 17(1) Every local authority must prepare a map which shows (or more than one map which, taken together, show) relevant bodies of water and sustainable urban drainage systems in its area. 19(1) SEPA must, for each flood risk management district, prepare a map— (a) showing artificial structures and natural features in the flood risk management district the removal of which SEPA considers would significantly increase the risk of flooding from a body of surface water, |
Giant Strides: A strategy fit for 21st-Century Tourism |
Our businesses: profitable and sustainable. Our waters: clean and blue. (Aim: To be stewards of the natural environment we access; investing in natural capital, supporting wildlife and addressing our waste and emissions.) Our experiences: authentic and seamless |
Hydrogen Action Plan |
5GW ambition by 2030 is for installed production capacity of hydrogen which includes both renewable and low-carbon hydrogen. |
Islands (Scotland) Act 2018 |
1(1) In this Act, “island” means a naturally formed area of land which is— (a) surrounded on all sides by the sea (ignoring artificial structures such as bridges), and (b) above water at high tide. 1(2) In this Act, “inhabited island” means an island permanently inhabited by at least one individual. 2 In this Act— “island community” means a community which— (a) consists of two or more individuals, all of whom permanently inhabit an island (whether or not the same island), and (b) is based on common interest, identity or geography (including in relation to any uninhabited island whose natural environment and terrestrial, marine and associated ecosystems contribute to the natural or cultural heritage or economy of an inhabited island). (3) Improving outcomes for island communities includes— (a) increasing population levels, (b) improving and promoting— (i) sustainable economic development, (ii) environmental wellbeing, (iii) health and wellbeing, and (iv) community empowerment, (c) improving transport services, (d) improving digital connectivity, (e) reducing fuel poverty, (f) ensuring effective management of the Scottish Crown Estate (that is, the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies), (g) enhancing biosecurity (including protecting islands from the impact of invasive non-native species). |
7(1) A relevant authority must have regard to island communities in carrying out its functions. 8(1) A relevant authority must prepare an island communities impact assessment in relation to a— (a) policy, (b) strategy, or (c) service, which, in the authority’s opinion, is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities) in the area in which the authority exercises its functions. 8(2) Subsection (1) applies to the development, delivery and redevelopment of the policy, strategy or service (as the case may be). 8(3) An island communities impact assessment prepared under subsection (1) must— (a) describe the likely significantly different effect of the policy, strategy or service (as the case may be), and (b) assess the extent to which the authority considers that the policy, strategy or service (as the case may be) can be developed or delivered in such a manner as to improve or mitigate, for island communities, the outcomes resulting from it. |
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Just Transition: A Fairer, Greener Scotland (2021) |
Adaptation and resilience: identify key risks from climate change and set out our actions to build resilience to these risks, ensuring our economy is flexible, adaptable and responsive to the changing climate. Citizens, communities and place: support affected regions by empowering and invigorating communities and strengthening local economies. Environmental protection and restoration: commit to act within our planetary boundaries while protecting and restoring our natural environment. Fair distribution of costs and benefits: address existing economic and social inequality by sharing the benefits of climate action widely, while ensuring that the costs are distributed on the basis of ability to pay. Business and Economy: support a strong, dynamic and productive economy which creates wealth and high quality employment across Scotland, upholds the UN Guiding Principles on Business and Human Rights, and continues to make Scotland a great place to do business. Decarbonisation and efficiencies: contribute to resource efficient and sustainable economic approaches that actively encourage decarbonisation, support low carbon investment and infrastructure, and avoid carbon ‘lock-in’. |
National Planning Framework 4 (2023) |
Policy 1 Outcome: Zero carbon, nature positive places. Policy 2 Outcome: Emissions from development are minimised; and our places are more resilient to climate change impacts. Policy 3 Outcome: Biodiversity is enhanced and better connected including through strengthened nature networks and nature-based solutions. Policy 4 Outcome: Natural assets are managed in a sustainable way that maintains and grows their essential benefits and services. Policy 7 Outcome: The historic environment is valued, protected, and enhanced, supporting the transition to net zero and ensuring assets are resilient to current and future impacts of climate change; Recognise the social, environmental and economic value of the historic environment, to our economy and cultural identity. Policy 8 Outcome: The character, landscape, natural setting and identity of settlements is protected and enhanced. Policy 10 Outcome: Coastal areas develop sustainably and adapt to climate change. Policy 11 Outcome: Expansion of renewable, low-carbon and zero emissions technologies. Policy 12 Outcome: The reduction and reuse of materials in construction is prioritised; Infrastructure for zero waste and to develop Scotland’s circular economy is delivered in appropriate locations. Policy 17 Outcome: The distinctive character, sense of place and natural and cultural assets of rural areas are safeguarded and enhanced. Policy 18 Outcome: Infrastructure considerations are integral to development planning and decision-making and potential impacts on infrastructure and infrastructure needs are understood early in the development planning process as part of an evidenced based approach; Existing infrastructure assets are used sustainably, prioritising low-carbon solutions; Infrastructure requirements, and their planned delivery to meet the needs of communities, are clear. |
Policy 20 Outcome: Blue and green infrastructure are an integral part of early design and development processes; are designed to deliver multiple functions including climate mitigation, nature restoration, biodiversity enhancement, flood prevention and water management; Communities benefit from accessible, high quality blue, green and civic spaces. Policy 22 Outcome: Places are resilient to current and future flood risk; Wider use of natural flood risk management benefits people and nature. Policy 24 Outcome: Appropriate, universal and future-proofed digital infrastructure across the country. Policy 25 Outcome: Local economic development that focuses on community and place benefits as a central and primary consideration – to support local employment and supply chains. Policy 26 Outcome: Recovery within the business and industry sector is sustainable and inclusive; Investment in the business and industrial sector contributes to community wealth building. Policy 29 Outcome: Rural places are vibrant and sustainable and rural communities and businesses are supported. Policy 30 Outcome: Communities and places enjoy economic, social and cultural benefits from tourism, supporting resilience and stimulating job creation. Policy 31 Outcome: Locally distinctive places reflect the diversity of communities and support regeneration and town centre vibrancy; Cultural and creative industries are expanded, providing jobs and investment; Communities have access to cultural and creative activities. Policy 32 Outcome: New aquaculture development is in locations that reflect industry needs and considers environmental impacts; Producers will contribute to communities and local economies; Prosperous finfish, shellfish and seaweed sectors; Migratory fish species are safeguarded. Policy 33 Outcome: Sufficient resources are available to meet industry demands, making an essential contribution to the Scottish economy; Communities and the environment are protected from the impacts of mineral extraction. |
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National Transport Strategy 2 |
Improves our health and wellbeing: Implement measures that will improve perceived and actual security of Scotland’s transport system. Improves our health and wellbeing: Ensure that transport assets and services adopt the Place Principle. Improves our health and wellbeing: Reduce the negative impacts which transport has on the safety, health and wellbeing of people. Improves our health and wellbeing: Provide a transport system that promotes and facilitates active travel choices which help to improve people’s health and wellbeing across mainland Scotland and the Islands. Improves our health and wellbeing: Embed the implications for transport in spatial planning and land use decision-making. Reduces Inequalities: Everyone in Scotland will share in the benefits of a modern and accessible transport system. Helps deliver inclusive economic growth: Scotland will have a transport system that will help deliver sustainable and inclusive economic growth enabling the whole country to flourish. |
Nature Conservation (Scotland) Act 2004 |
1(1) It is the duty of every public body and office-holder, in exercising any functions, to further the conservation of biodiversity so far as is consistent with the proper exercise of those functions. 2(1) The Scottish Ministers must designate as the Scottish Biodiversity Strategy one or more strategies for the conservation of biodiversity (whether prepared by them or by one or more other persons). |
Offshore Wind Policy Statement (2020) |
We believe that as much as 11GW of offshore wind capacity is possible in Scottish waters by 2030. We will build on the launch of our ScotWind leasing round in June this year. We will continue to make every effort to maximise the economic benefit from developments in Scottish waters. We will continue to ensure that communities who host development, and those most affected by development, will also share in the benefits. |
OSPAR Decision 98/3 on the Disposal of Disused Offshore Installations |
2. The dumping, and the leaving wholly or partly in place, of disused offshore installations within the maritime area is prohibited. |
OSPAR Agreement 2021-01: North East Atlantic Environment Strategy 2030 |
Strategic Objective 1: Tackle eutrophication, through limiting inputs of nutrients and organic matter to levels that do not give rise to adverse effects on the marine environment Strategic Objective 2: Prevent pollution by hazardous substances, by eliminating their emissions, discharges and losses, to achieve levels that do not give rise to adverse effects on human health or the marine environment with the ultimate aim of achieving and maintaining concentrations in the marine environment at near background values for naturally occurring hazardous substances and close to zero for human made hazardous substances Strategic Objective 3: Prevent pollution by radioactive substances in order to safeguard human health and to protect the marine environment with the ultimate aim of achieving and maintaining concentrations in the marine environment at near background values for naturally occurring radioactive substances and close to zero for human made radioactive substances Strategic Objective 4: Prevent inputs of and significantly reduce marine litter, including microplastics, in the marine environment to reach levels that do not cause adverse effects to the marine and coastal environment with the ultimate aim of eliminating inputs of litter. Strategic Objective 5: Protect and conserve marine biodiversity, ecosystems and their services to achieve good status of species and habitats, and thereby maintain and strengthen ecosystem resilience. Strategic Objective 6: Restore degraded habitats in the North-East Atlantic when practicable to safeguard their ecosystem function and resilience to climate change and ocean acidification. Strategic Objective 7: Ensure that uses of the marine environment are sustainable, through the integrated management of current and emerging human activities, including addressing their cumulative impacts Strategic Objective 8: Reduce anthropogenic underwater noise to levels that do not adversely affect the marine environment. Strategic Objective 9: Safeguard the structure and functions of seabed/marine ecosystems by preventing significant habitat loss and physical disturbance due to human activities. Strategic Objective 10: Raise awareness of climate change and ocean acidification by monitoring, analysing and communicating their effects. |
Strategic Objective 11: Facilitate adaptation to the impacts of climate change and ocean acidification by considering additional pressures when developing programmes, actions and measures; Strategic Objective 12: Mitigate climate change and ocean acidification by contributing to global efforts, including by safeguarding the marine environment’s role as a natural carbon store Ensure that uses of the marine environment are sustainable, through the integrated management of current and emerging human activities, including addressing their cumulative impacts |
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Planning Circular 1/2015 Relationship between the statutory land use planning system and marine planning and licencing |
43. There should be mutual support for specific development proposals in marine and terrestrial plans which relate to each other. Each plan should make appropriate provision for resource or infrastructure requirements which may be necessary to support a development proposal in the other plan. 47. Marine and terrestrial planning authorities should aim, where appropriate, to share a common evidence base. This would form a foundation upon which policies, proposals and monitoring statements could be developed and would support assessments such as Strategic Environmental Assessment and Habitats Regulations Appraisal. 63. Since marine licensing covers the marine area up to Mean High Water Spring and terrestrial planning control extends down to Mean Low Water Spring, there is an overlap of consenting regimes in the inter-tidal zone. This means that for some activities there may be a need for both a marine licence and planning permission. In addition, a works licence may also be required in relation to activity of statutory Harbour Authorities and in Shetland and certain parts of Orkney within waters of Local Authority jurisdiction. 66. Development plans should provide consistent policy direction and appropriate allocations for the onshore infrastructure requirements which support offshore renewables, such as grid connections, sub-stations, interconnectors, converter stations, testing facilities, manufacturing and assembly facilities, and ports and harbours infrastructure. Development plans should also, as appropriate, recognise and provide for national development 4 - High Voltage Electricity Transmission Network and the coastal areas of coordinated action included in NPF3. Developers, when preparing schemes for off-shore developments, should engage with the appropriate terrestrial planning authority to ensure alignment with any relevant development plans. |
Scotland’s Biodiversity Strategy to 2045 (2022) |
Ecosystems will be diverse, healthy, resilient and deliver a wide range of ecosystem services Protected areas will be larger, better connected and in good condition The abundance and distribution of species will have recovered and there will be no loss of diversity within species Scotland’s internationally important species will have increased in numbers and have healthy resilient populations Natural capital will be embedded in policy making Nature-Based Solutions, such as tree-planting, peatland and blue carbon habitat restoration, will be central to our efforts to deliver NetZero and adapt to climate change Harmful invasive non-native species (INNS) will be managed so that established INNS no longer degrade native habitats and species or impede their restoration and regeneration and new introductions are managed quickly and effectively Biodiversity as a concept will be understood and valued across the population and embedded in educational curriculums |
Scotland’s National Performance Framework |
We value, enjoy, protect and enhance our environment We have a globally competitive, entrepreneurial, inclusive and sustainable economy We have thriving and innovative businesses, with quality jobs and fair work for everyone We are open, connected and make a positive contribution internationally We tackle poverty by sharing opportunities, wealth and power more equally We live in communities that are inclusive, empowered, resilient and safe |
Scotland’s National Strategy for Economy Transformation (2022) |
Vision for A Wellbeing Economy: Thriving across economic, social and environmental dimensions. Ambition: Demonstrating global leadership in delivering a just transition to a net zero, nature-positive economy, and rebuilding natural capital. Project 5: Deliver on the ambitions of ScotWind and future renewable energy developments including on developers commitments to invest at least £1bn in the Scottish supply chain for each GW of capacity. The Scottish Offshore Wind Energy Council (SOWEC) has been identified by both industry and government as the key vehicle for taking forward the strategic supply chain opportunities from ScotWind. SOWEC is leading on the development of a Collaborative Framework Agreement to encourage the sector to come together and work collectively to support the delivery of the volume of offshore wind projects from the ScotWind leasing round Project 7: Establish a values-led, high-integrity market for responsible private investment in natural capital (see Box E) to build on Scotland’s international renown for its nature and its environmental policy framework on land and sea, and supported by a national project pipeline for nature-based solutions. Project 8: Provide an efficient and resilient digital infrastructure. This includes continued investment in improved broadband, fibre and mobile coverage for residential and business premises. Enhance the resilience of digital infrastructure through direct international links to the internet and the development of data centres aligned with renewable power sources Project 10: Reinforce our commitment to regional collaboration through our Regional Policy Review and continue to work with Regional Economic Partnerships to deliver Regional Economic Strategies with strong regional economic policies and tailor interventions to evidenced regional strengths and opportunities. Project 10: Introduce Community Wealth Building legislation that builds on the successes and learnings of all of the Scottish Government community wealth building local and regional pilot areas in urban and rural Scotland. |
Scotland’s Fisheries Management Strategy 2020 – 2030 (2020) |
Committed to moving to a net zero emissions economy in a way that is fair for all Commitment to co-management Action 5 - Address issues around shared marine space Deliver a Catching Policy in partnership with our stakeholders, linking stock management with responsive and proportionate technical and spatial measures Action 2 – Secure the resilience of the fishing industry, supporting diversification and exploring new fishing opportunities Action 4 – Support delivery of a strong relationship between the fishing industry and local communities with strengthened links to local supply chains, support for consumers to buy local / Scottish and recognising the importance of inward migration for remote and coastal communities. Action 5 – Address issues around shared marine space linking with wider developments through the Blue Economy Action Plan, considering how fishing interests can work alongside others marine users including offshore renewables. Action 6 – Strengthen our co-management processes and support transparent and responsive management to a local level wherever possible, in particular by strengthening the RIFG network. As part of this, we will always consider local community impact as part of our decision-making process. Action 7 – Deliver a robust licensing regime to manage domestic and foreign vessels fishing in Scottish waters and will improve quota management arrangements for the non-sector fleet which are not administered by a Fish Producer Organisation or a Quota Management Group. Action 11 – Deliver an ecosystem-based approach to management, including considering additional protections for spawning and juvenile congregation areas and restricting fishing activity or prohibiting fishing for species which are integral components of the marine food web (e.g. sandeels) Action 12 - Take action to…mitigate the impacts of climate change on our seas…including by reducing vessel emissions and encouraging shorter supply chains |
Environment Outcome 1: Our fisheries are managed in a way that protects biological diversity and which ensures that marine ecosystems continue to provide economic, environmental, social and wider benefits based on best available scientific advice. Environment Outcome 2: We fish within limits based on the best available scientific advice, using the precautionary principle, and aligned with the delivery of fishing at Maximum Sustainable Yield (MSY). Economy Outcome 1: We have productive and resilient fisheries and we seek to optimise inclusive economic growth Economy Outcome 2: We provide equality of opportunity for fishing opportunities, with support for local jobs, new entrants and small family owned businesses to grow and contribute to the long term economic growth of the Scottish fishing industry Economy Outcome 3: We support fishing and onshore industries to grow sustainably, and be internationally competitive, through building and maintaining access to markets. Economy Outcome 4: We maximise the benefit of fishing to the local and national economy, with strong links between the marine and onshore sectors. Social Outcome 3: We protect and encourage the fishing industry to grow in a sustainable manner, and for the wider benefits that flow from fishing to be realised in these communities wherever possible. Social Outcome 4: We recognise and promote the heritage and culture of our fishing communities. |
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Scottish National Adaptation Plan 2024-2029 |
Objective: Nature-based solutions (NC1): Nature-based solutions (NBS) are protected, enhanced and connected to enable healthier, cooler, water resilient and nature-rich places. Objective: Development planning (NC3): Development planning (including Local Development Plans and associated delivery programmes) takes current and future climate risks into account and is a key lever in enabling places to adapt. Objective: Nature Networks (NC4): Nature Networks across every local authority area are improving ecological connectivity and climate resilience, alongside other transformative national actions to halt biodiversity loss by 2030. Objective: Marine ecosystems and the blue economy (NC5):Evidence-informed planning and management improves ecosystem health, values our marine environment and supports our Blue Economy. Objective: Natural Carbon Stores and Sinks (NC6): Resilient natural carbon stores and sinks (such as peatland, forests and blue carbon) are supporting Scotland’s net zero pathway, alongside timber production, biodiversity gains, flood resilience and the priorities of local communities. Objective: Regional and place-based collaborations (C1): Regional collaborations are driving inclusive, effective and place-based adaptation action across all of Scotland. Objective: Locally-led adaptation (C2): Communities and individuals are supported, informed, and able to take locally led adaptation action, supporting local priorities and resilient, healthy, and equitable places. Objective: Culture and historic environment (C5): Scotland’s historic environment is preparing for a future climate, and the transformational power of culture, heritage and creativity supports Scotland’s adaptation journey. Objective: Coastal communities (C6): Coastal communities are preparing for and adapting to coastal erosion and sea level rise. Objective: Agriculture, forestry, fishing, and aquaculture sector support (B2): Farming, forestry, fishing, and aquaculture businesses are supported to adapt production and operations in a way that benefits livelihoods, resilience, and the economy in a changing climate. |
Scottish Wild Salmon Strategy (2022) |
Priority themes: Improving the condition of rivers and giving salmon free access to cold, clean water Managing exploitation through effective regulation, deterrents, and enforcement. Understanding and mitigating pressures in the marine and coastal environment Making a positive contribution through international collaborations Developing a modernised and fit-for-purpose policy framework. |
Sectoral Marine Plan for Offshore Wind Energy (2020) |
Contribute to the achievement of Scottish and UK energy and climate change policy objectives and targets, through the provision of a spatial strategy to inform the seabed leasing process for commercial offshore wind energy in Scottish waters, which; Minimises the potential adverse effects on other marine users, economic sectors and the environment resulting from further commercial-scale offshore wind development; and Maximises opportunities for economic development, investment and employment in Scotland, by identifying new opportunities for commercial scale offshore wind development, including deeper water wind technologies. |
SEPA’s risk-based, spatial framework for managing interaction between sea lice from marine finfish farm developments and wild salmonids in Scotland (2023) |
SEPA is responsible for managing the risk from sea lice from fish farms and is developing its framework in line with the recommendations of the Salmon Interactions Working Group and Parliamentary inquiries on salmon farming in Scotland. The framework will mark a transition away from local authorities managing interactions through Environmental Management Plans and instead set conditions on the operator to manage lice levels on their farm within a licence under The Water Environment (Controlled Activities) (Scotland) Regulations 2011. The framework will provide a risk assessment modelling tool which identifies areas where developments have the potential to exceed sea lice exposure thresholds. These assessments will help inform where individual licence conditions are considered necessary to manage and protect the environment. SEPA will use environmental monitoring to refine the models that underpin the framework and to assess the effectiveness of the combination of actions taken to protect wild salmonids. The new framework will deliver a better decision-making framework, providing more certainty for developers, and to support the protection and recovery of salmon populations. SEPA will work closely with local authorities to ensure a smooth transition. |
The National Islands Plan (2019) |
Strategic Objective 2: To improve and promote sustainable economic development. Strategic Objective 3: To improve transport services. Strategic Objective 6: To improve digital connectivity. Strategic Objective 8: To improve and promote environmental wellbeing and deal with biosecurity. Strategic Objective 9: To contribute to climate change mitigation and adaptation and promote clean, affordable and secure energy. Strategic Objective 10: To empower diverse communities and different places. |
UK Clean Growth Strategy (2017) |
Demonstrate international leadership in carbon capture usage and storage (CCUS) by collaborating with our global partners, and investing up to £100 million in leading edge CCUS and industrial innovation to drive down costs. Work in partnership with industry, through a new CCUS council, to put us on a path to meet our ambition of having the option of deploying CCUS at scale in the UK, and to maximise its industrial opportunity. Improve the route to market for renewable technologies through: working with industry as the develop an ambitious Sector Deal for offshore wind, which could result in 10 gigawatts of new capacity, with the opportunity for additional deployment if this is cost-effective, built in the 2020s. |
UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 |
1(1) The Scottish Ministers may by regulations— (a) make provision— (i) corresponding to an EU regulation, EU tertiary legislation or an EU decision, (ii) for the enforcement of provision made under sub-paragraph (i) or otherwise to make it effective, (iii) to implement an EU directive, or (iv) modifying any provision of law relating to the enforcement or implementation of an EU regulation, EU tertiary legislation, an EU decision or an EU directive, so far as the EU regulation, EU tertiary legislation, EU decision or EU directive has effect in EU law after IP completion day, or (b) otherwise make provision for the purpose of dealing with matters arising out of, or related to, the operation from time to time of— (i) any rights, powers, liabilities, obligations or restrictions created by regulations made under this subsection, or (ii) any remedies or proceedings provided for by those regulations. 2(1) The purpose of section 1(1) is, among other things, to contribute towards maintaining and advancing standards in relation to the following matters— (a) environmental protection, (b) animal health and welfare, (c) plant health, (d) equality, non-discrimination and human rights, (e) social protection. |
Part 2 Environment, 13(1) … references to the guiding principles on the environment are references to the following principles— (a) the principle that protecting the environment should be integrated into the making of policies, (b) the precautionary principle as it relates to the environment, (c) the principle that preventative action should be taken to avert environmental damage, (d) the principle that environmental damage should as a priority be rectified at source, (e) the principle that the polluter should pay. 14(1) The Scottish Ministers must, in making policies (including proposals for legislation), have due regard to the guiding principles on the environment. 15(1) A responsible authority must, in doing anything in respect of which the duty under section 1 of the Environmental Assessment (Scotland) Act 2005 (“the 2005 Act”) applies (requirement for environmental assessment), have due regard to the guiding principles on the environment. |
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UK Fisheries Act 2020 |
(2) The “sustainability objective” is that— (a) fish and aquaculture activities are— (i) environmentally sustainable in the long term, and (ii) managed so as to achieve economic, social and employment benefits and contribute to the availability of food supplies, and (b) the fishing capacity of fleets is such that fleets are economically viable but do not overexploit marine stocks. (3) The “precautionary objective” is that— (a) the precautionary approach to fisheries management is applied, and (b) exploitation of marine stocks restores and maintains populations of harvested species (4) The “ecosystem objective” is that— (a) fish and aquaculture activities are managed using an ecosystem-based approach so as to ensure that their negative impacts on marine ecosystems are minimised and, where possible, reversed, and (b) incidental catches of sensitive species are minimised and, where possible, eliminated. (5) The “scientific evidence objective” is that— (a) scientific data relevant to the management of fish and aquaculture activities is collected, (b) where appropriate, the fisheries policy authorities work together on the collection of, and share, such scientific data, and (c) the management of fish and aquaculture activities is based on the best available scientific advice. (6) The “bycatch objective” is that— (a) the catching of fish that are below minimum conservation reference size, and other bycatch, is avoided or reduced, (b) catches are recorded and accounted for, and (c) bycatch that is fish is landed, but only where this is appropriate and (in particular) does not create an incentive to catch fish that are below minimum conservation reference size. (7) The “equal access objective” is that the access of UK fishing boats to any area within British fishery limits is not affected by— (a) the location of the fishing boat’s home port, or (b) any other connection of the fishing boat, or any of its owners, to any place in the United Kingdom. (8) The “national benefit objective” is that fishing activities of UK fishing boats bring social or economic benefits to the United Kingdom or any part of the United Kingdom. (9) The “climate change objective” is that— (a) the adverse effect of fish and aquaculture activities on climate change is minimised, and (b) fish and aquaculture activities adapt to climate change. |
UK Joint Fisheries Statement (2022) |
4.2.9.1 The fisheries policy authorities recognise there are multiple users of the sea, which can result in displacement of fishing activity, and may have negative social, economic and environmental impacts. The fisheries policy authorities will work with sea users, including the fishing industry, to identify and seek to address displacement issues. 4.2.10.1 The fisheries policy authorities will ensure that marine plans include policies that consider fisheries, aquaculture and supporting habitats for fish stocks (nursery or spawning grounds). 4.2.10.3 We will consider the relationship between marine spatial planning and fisheries management plans, and how these policies can work in a joined-up way to ensure more effective use of the marine space and resources. 4.2.11.1 As part of delivering GES, the fisheries policy authorities will continue to develop the network of protected sites at sea to protect specific habitats and species of national or international importance. 4.2.12.1 The fisheries policy authorities will continue to provide support to the industry to reduce its environmental impact, and also promote initiatives such as ‘Fishing for Litter’ undertaken by our fishing industry to increase sustainability across the sector and protect and conserve our marine environment. 4.2.13.1 GES requires us to take an ecosystem-based approach to managing our marine environment in line with the ecosystem and sustainability objectives. As such, the UKMS includes a number of cross-cutting measures that reflect links between marine fish populations, and the management of coastal and riverine environments. 4.2.14.1 Responding to climate change within the seafood sector requires consideration of both how the sector can mitigate climate change and how the sector can adapt to climate change. 4.2.14.4 All nations in the UK agree that nature-based solutions are important to tackling climate change and averting its impacts. 4.2.14.5 The national fisheries authorities will work together with the scientific community to identify gaps in the UK’s blue carbon evidence base, and work to address them, including through the UK Blue Carbon Evidence Partnership established in 2022. |
4.2.14.6 To help achieve the climate change objective, the fisheries policy authorities will also support and encourage voluntary industry initiatives to decarbonise and improve the production and marketing of low-carbon seafood. 4.2.14.7 We acknowledge the positive role that aquaculture, in particular, can play in addressing climate change through providing sustainable sources of low-carbon and high-quality protein, the potential role of aquaculture sub-sectors such as seaweed and shellfish aquaculture in carbon capture, and the positive contribution aquaculture makes to the blue economy. As with all sectors, the aquaculture sector will be expected to adapt to environmental and climate change. 4.2.14.11 The fisheries policy authorities will seek to collaborate to take advantage of the opportunities and address the challenges which may arise from climate change, such as the developments for new capture fisheries or diversification of aquaculture. Such opportunities should only be pursued where doing so is compatible with achieving GES and international commitments, and there is a market for the end product. 4.2.15.1 Aquaculture is important at the UK level, and the fisheries policy authorities will work together to support sustainable growth, an ecosystem-based approach, and our climate change objectives. |
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UK Marine Policy Statement (2011) |
HLMO 1: Infrastructure is in place to support and promote safe, profitable and efficient marine businesses. HLMO 2: The marine environment and its resources are used to maximise sustainable activity, prosperity and opportunities for all, now and in the future. HLMO 3: Marine businesses are taking long-term strategic decisions and managing risks effectively. They are competitive and operating efficiently. HLMO 4: Marine businesses are acting in a way which respects environmental limits and is socially responsible. This is rewarded in the marketplace. HLMO 5: People appreciate the diversity of the marine environment, its seascapes, its natural and cultural heritage and its resources and act responsibly. HLMO 6: The use of the marine environment is benefiting society as a whole, contributing to resilient and cohesive communities that can adapt to coastal erosion and flood risk, as well as contributing to physical and mental wellbeing. HLMO 7: The coast, seas, oceans and their resources are safe to use. HLMO 8: The marine environment plays an important role in mitigating climate change. HLMO 9: There is equitable access for those who want to use and enjoy the coast, seas and their wide range of resources and assets and recognition that for some island and peripheral communities the sea plays a significant role in their community. HLMO 10: Use of the marine environment will recognise, and integrate with, defence priorities, including the strengthening of international peace and stability and the defence of the UK and its interests. HLMO 11: Biodiversity is protected, conserved and where appropriate recovered and loss has been halted. HLMO 12: Healthy marine and coastal habitats occur across their natural range and are able to support strong, biodiverse biological communities and the functioning of healthy, resilient and adaptable marine ecosystems. |
HLMO 13: Our oceans support viable populations of representative, rare, vulnerable, and valued species. HLMO 14: All those who have a stake in the marine environment have an input into associated decision-making. HLMO 15: Marine, land and water management mechanisms are responsive and work effectively together, for example through integrated coastal zone management and river basin management plans. HLMO 16: Marine management in the UK takes account of different management systems that are in place because of administrative, political or international boundaries. HLMO 17: Marine businesses are subject to clear, timely, proportionate and, where appropriate, plan-led regulation. HLMO 18: The use of the marine environment is spatially planned where appropriate and based on an ecosystems approach which takes account of climate change and recognises the protection and management needs of marine cultural heritage according to its significance. HLMO 19: Our understanding of the marine environment continues to develop through new scientific and socio-economic research and data collection. HLMO 20: Sound evidence and monitoring underpins effective marine management and policy development. HLMO 21: The precautionary principle is applied consistently in accordance with the UK Government and Devolved Administrations’ sustainable development policy. |
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UK Marine Strategy Regulations 2010 |
Part 2, 4(1) The Secretary of State, devolved policy authorities and each Northern Ireland body must exercise their functions, so far as they are relevant functions, so as to secure compliance with the requirements of the Directive, including the requirement in Article 1 to take the necessary measures to achieve or maintain good environmental status of marine waters within the marine strategy area by 31st December 2020. 5(1) The Secretary of State must, [in accordance with the requirements of Commission Decision (EU) 2017/848,] develop a marine strategy for the marine strategy area in order to— (a) protect and preserve the marine environment, prevent its deterioration or, where practicable, restore marine ecosystems in areas where they have been adversely affected; and (b) prevent and reduce inputs into the marine environment, with a view to phasing out pollution, so as to ensure they do not give rise to any significant impacts on or risks to marine biodiversity, marine ecosystems, human health or legitimate uses of the sea. (2) The marine strategy must apply an ecosystem-based approach to the management of human activities within the marine strategy area. |
Vision for Sustainable Aquaculture (2023) |
Improving aquaculture health and welfare is an ethical responsibility and a priority. Continuing ongoing work by businesses, government and researchers will lead to enhanced health, welfare, economic and environmental performance. A renewed national focus on innovation, supply chain and infrastructure development will support increased productivity across the sector and the growth of Scottish businesses contributing to Scotland’s Wellbeing Economy. Understanding, mitigating and adapting to climate change impacts is essential for the future success of the sector. Aquaculture will play its part in Scotland achieving net zero emissions by 2045 and transitioning to a zero waste and circular economy. The aquaculture sector will continually work to minimise negative environmental impacts and collaborate with other stakeholders to protect and restore Scotland’s biodiversity in the freshwater and marine environment. Aquaculture will play its part in Scotland halting biodiversity loss by 2030, and restoring and regenerating biodiversity by 2045. |
National Marine Plan 2 Planning Position Statement Autumn 2024
National Marine Plan 2 Planning Position Statement Autumn 2024
National Marine Plan 2 Planning Position Statement Autumn 2024
National Marine Plan 2 Planning Position Statement Autumn 2024
Figure 1: Proposed structure of NMP2 (shown in green), highlighting the influence of wider relevant matters, including policy and legislative context, in informing planning.
National Marine Plan 2 Planning Position Statement Autumn 2024
National Marine Plan 2 Planning Position Statement Autumn 2024
National Marine Plan 2 Planning Position Statement Autumn 2024
National Marine Plan 2 Planning Position Statement Autumn 2024
National Marine Plan 2 Planning Position Statement Autumn 2024
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